STATE OF KERALA Vs. KURUPPALATHU SWAMI

JUDGEMENT

(1.) THERE is a delay of 599 days. On going through the affidavit accompanying the petition, we do not find that the delay is properly explained. The judgment is dated 13.10.2004. The copy was issued on 1.4.2005. However, the appeal is filed only on 19.2.2007. THERE is no satisfactory explanation for the delay between 27.4.2005 and 19.2.2007. All that apart, on merits, it is seen that the extent involved in this case is very small. The Land Acquisition Officer awarded compensation at the rate of Rs.2,908/- per cent for garden land and Rs.1,500/- per cent for wet land, which was enhanced to Rs.4,200/- and Rs.2,800/- respectively, on the basis of the evidence adduced by the claimants. THERE is no evidence for the appellant. In such circumstances, we are of the view that the market value fixed is just and reasonable. For all the above reasons, the application for condonation of delay and the appeal are dismissed.